Acceptance and Cancellation of Order:
a. Acceptance of an order by GVC Direct Inc is expressly conditioned on Purchasers' consent to all terms and conditions stated herein, which consent
shall be deemed given unless Purchaser notifies GVC Direct Inc. to the contrary within five (5) days after GVC Direct Inc of acknowledgement or confirmation of order.
b. No modification of the Terms and Conditions stated herein will be recognized by GVC Direct Inc unless specifically agreed to in writing.
c. Failure of GVC Direct Inc to object to provisions contained in any purchase order or other communication from a Purchaser shall not be construed as an acceptance of such provisions, or as a waiver of the terms and conditions stated herein.
d. Any contract of sale or document shall be governed by and construed according to the laws of the State of Florida.
e. No order accepted by GVC Direct may be altered or modified by the Purchaser unless agreed to in writing by GVC Direct Inc.
f. No order may be cancelled or terminated except upon written consent of GVC Direct Inc and payment of GVC Direct Inc's cancellation charges.
g. Custom or Made to Order items are NonCancellable unless GVC Direct Inc agrees in writing otherwise.
2. Duplicate Orders:
Errors may occur when placing an order through GVC Direct Inc's Online Store. If an error message is received or the website times out while an order is being submitted, it is possible that the order was still entered. Purchaser is responsible for advising GVC Direct of any possible duplicate orders in a timely manner. All duplicate orders placed are subject to GVC Direct Inc's return Policy.
GVC Direct, Inc strives to maintain current prices on its Online Store or Website. However, prices are subject to change without notice. Prices can be confirmed by contacting GVC Direct Inc. All prices shown are in USD and are net of shipping, taxes, fees, or any other costs.
Delivery of goods to a carrier at GVC Direct Inc's facility or other shipping point shall constitute delivery to the Purchaser; and, regardless of freight payment, all risks of loss or damage in transit shall be borne by the Purchaser.
5. Transportation Costs:
Unless otherwise specified, all goods are sold FOB shipping point. Method and route of shipment shall be at the discretion of GVC Direct Inc unless Purchaser shall specify otherwise; any additional expense of the method or route of shipment specified by the Purchaser shall be borne entirely by the Purchaser.
6. Partial Shipments and Delays:
GVC Direct Inc's default is to ship Orders complete unless requested by Purchaser and agreed to by GVC Direct Inc to release partial shipments. However, GVC Direct Inc. reserves the right to make delivery in installments, unless otherwise expressly stipulated in the contract of sale; all such installments shall be separately invoiced and paid when due per invoice without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve the Purchaser of obligation to accept remaining deliveries. GVC Direct Inc. shall not be liable for any damage, including special or consequential damages, as a result of any delay due to any cause beyond GVC Direct Inc's control, including without limitation, an act of God, act of the Purchaser, embargo or other government act, regulation or request, fire, accident, strike, slowdown, war, riot, delay in transportation, inability to obtain necessary labor, materials, or manufacturing facilities. In the event of such delay, the date of delivery shall be extended for a period equal to the time lost resulting from the delay.
7. Payment Terms:
Payments are due at time of Order Placement unless prior approval of a Term Account has been communicated to the Purchaser in writing. Term Customers' invoices shall be due thirty (30) days from the invoice date unless otherwise stated on the invoice. Thereafter, any unpaid balance may be subject to a service or interest charge. GVC Direct Inc continuously reviews creditworthiness of Term Purchasers and reserves the right to modify or revoke Term Accounts at any time. If during the period of performance of an order the financial condition of the Purchaser shall not justify the payment terms specified, GVC Direct Inc may require full or partial payment in advance before proceeding with the order. GVC Direct reserves the right to require full or partial advance payment for any order of items that are considered by GVC Direct Inc to be Custom or Made to Order. Term Customers choosing to pay invoices by credit card the after invoice date shall be subject to a 3% processing fee applied to the entire invoice amount.
8. Payment Terms (International):
a. Domestic (US) $30 wire transfer fee added to the order total
b. International $85 wire transfer fee added to the order total
c. Purchaser may request a Pro Forma Invoice prior to initiating a Wire Transfer
d. Orders will only be processed after Wire Transfers are confirmed with GVC Direct Inc's Bank as designated in GVC Direct Inc's Wire Transfer Instructions.
Quotes provided by GVC Direct Inc or Quotes created using GVC Direct Inc's Online Store are valid for 30 days from the quoted date. Quoted prices are based on the quantity and number of items quoted. Reductions in either quantity or number of items may result in a higher than quoted price.
GVC Direct warrants the products supplied by it against defects in materials and workmanship when used in accordance with the applicable instructions or industry best practices for a period of one year from the date of shipment of the products. GVC Direct Inc makes no other warranty expressed or implied. There is no warranty of the merchantability or fitness for a particular purpose. Representations, oral or written, which are inconsistent with this warranty or such publications are not authorized and if given, should not be relied upon. In the event of a breach of the foregoing warranty, GVC Direct's sole obligation shall be to repair or replace, at its option, any product or part thereof that proves defective in materials or workmanship within the warranty period, provided the Purchaser notifies GVC Direct promptly of any such defect. The exclusive remedy provided herein shall not be deemed to have failed of its essential purpose so long as GVC Direct Inc is willing and able to repair or replace, FOB GVC Direct Inc, or a location directed by GVC Direct Inc, or any other damages sustained by Purchaser or anyone else from the use of its products.
No products may be returned to GVC Direct without prior express written approval. Return freight must be prepaid by the Purchaser on all returns. Returned products must be securely packaged so as to reach GVC Direct Inc without damages. Returns must be clearly marked with a Return Materials Authorization provided by GVC Direct Inc. Request for return must be made in writing to GVC Direct within thirty (30) days of delivery. Failure to request return constitutes acceptance and waiver of consideration of return by Purchaser. Credit for returned merchandise, if accepted, will be issued by GVC Direct Inc on current merchandise in salable condition based upon the purchase price or current selling price, whichever is lower. All returns will be subject to Sellers restocking fees. Certain consumable items including Gaskets, Hoses, or Flexibles, and other Elastomer based products, Electronics, or Custom or Made to Order items are not returnable.
Claims for loss or damage to goods in transit should be made to the carrier promptly and not to GVC Direct Inc. Claims for shortages or other errors exclusive of transit shortages or damages, must be made in writing to GVC Direct Inc within five (5) days after delivery. Failure to give such notice shall constitute acceptance and waiver of all such claims by Purchaser.
13. Taxes and Other Charges:
Any manufacturers tax, retainer's occupation tax, use tax, excise tax, duty, custom, inspection, or testing fee, or any other tax, fee or charge of any nature imposed by any governing authority or measured by any transaction between GVC Direct Inc and the Purchaser shall be paid by the Purchaser in addition to prices quoted or invoiced unless GVC Direct Inc specifically states that such taxes or charges are included in those prices. In the event GVC Direct Inc shall be required to pay any such tax, fee, or charge, the Purchaser shall reimburse GVC Direct Inc thereof; or in lieu of such payment, the Purchaser shall provide GVC Direct Inc at the time of order with an exemption certificate or other document acceptable to the authority imposing the same.
14. Patents, Etc.
GVC Direct Inc agrees to defend and indemnify Purchaser against any claim or suit brought against Purchaser based on alleged infringement of any US Patent by products sold by GVC Direct Inc to Purchaser hereunder provided the Purchaser immediately notifies GVC Direct of any such claim or suit and gives GVC Direct Inc full control over the defense of such suit and over any negotiations for settlement.
GVC Direct Inc may at its sole discretion furnish suitable substitutes for items purchased provided all substitutes will be of like design and quality.
Any feedback provided by the Purchaser to GVC Direct, Inc. shall be deemed to be non-confidential. GVC Direct Inc. shall be free to sue such information on an unrestricted basis.
Purchaser agrees to hold GVC Direct, Inc, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, losses, liability, claims of expense, legal fees made against GVC Direct by any third party due to or arising from the use of GVC Direct Inc's Online Store or Website.
18. Website Maintenance:
From time to time, GVC Direct Inc will perform downtime for maintenance and other purposes. Unplanned outages may occur. GVC Direct is not liable for any resulting unavailability to their website or for any loss of data, transactions, or orders from any planned or unplanned system outage or downtime.